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Thread: Repealing a County Ordinance

  1. #1
    Regular Member XDSTEEL's Avatar
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    Repealing a County Ordinance

    I plan on trying to Repeal a County Firearm Ordinance in the State of South Dakota . Here is the County ordiance and the State Preemption.

    "Sec. 7
    uncased firearms and bows are prohibited in any of the Clay County Park area with the following exceptions:
    Uncased firearms and bows are permitted on designated rifle,pistol and archery ranges the year round. Discharge of any sort of firearms is prohibited anywhere in Clay County park in such designated areas.

    From October 1 to April 30, inclusive, uncased bows are authorized for Licensed hunters in Clay County park during established huntting seasons.

    A person who possesses a valid concealed pistol permit, as provided in SDCL Chapter 23-7 may carry a concealed pistol at anytime."

    State Preemption SDCL

    7-18A-36. Firearms regulation ordinances prohibited. No county may pass any ordinance that restricts possession, transportation, sale, transfer, ownership, manufacture, or repair of firearms or ammunition or their components. Any ordinances prohibited by this section are null and void.

    There is no open carry laws except where it is prohibited of course. This is restricting OCers as far as it goes here

    I am just asking you guys if I have a case for OCers in South Dakota?
    Patrick Henry didn't say "Give me safety , or give me death". Liberty is what America is about.

  2. #2
    Regular Member simmonsjoe's Avatar
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    You won't be repealing it...

    ...as it appears to be invalid on its face.

    Simply mail a letter to the Board of Supervisors explaining the illegality of the ordinance. See how they respond. This is the first step.
    illegal ≠ immoral legal ≠ moral
    [SIZE=1]"I never submitted the whole system of my opinions to the creed of any party of men whatever in religion, in philosophy, in politics, or in anything else where I was capable of thinking for myself. "Such an addiction is the last degradation of a free and moral agent." - Thomas Jefferson
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  3. #3
    Regular Member XDSTEEL's Avatar
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    repealing ..

    repealing.. gettting rid of..revising.. anyways I have to get on the Agenda and convince them to throw it out. Then if they do not then i will just file a complaint with the AG.
    Patrick Henry didn't say "Give me safety , or give me death". Liberty is what America is about.

  4. #4
    Regular Member simmonsjoe's Avatar
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    whatever

    You don't need to go to a BOS meeting, or be on the agenda for one.

    Simply MAIL A ******* LETTER. They will have their lawyer review it, and then they will put it on the agenda, maybe. Their bylaws may allow them to remove it without putting it on the agenda.
    illegal ≠ immoral legal ≠ moral
    [SIZE=1]"I never submitted the whole system of my opinions to the creed of any party of men whatever in religion, in philosophy, in politics, or in anything else where I was capable of thinking for myself. "Such an addiction is the last degradation of a free and moral agent." - Thomas Jefferson
    G19 Gen 4; Bersa Thunder 380; Sig Sauer P238; Kel-Tec su-16c

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    XD:

    It sounds to me like you are doing a good thing and doing it in a useful way. A law on the books may be unlawful, but LEOs may use it to the detriment of LACs. It is better to get such a law off the books than to rely on the courts to right a wrong that has already tremendously inconvenienced a citizen.

    Good luck.

  6. #6
    Regular Member XDSTEEL's Avatar
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    Thanks for the support. I just read that something similair happened in Wisconsin.
    Patrick Henry didn't say "Give me safety , or give me death". Liberty is what America is about.

  7. #7
    Regular Member jt59's Avatar
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    Good work!

    Sending them a letter is the first step...Check out the Washington State discussion threads...."Spokane, Vancouver, Pierce County"...like you, these all have language prohibiting guns (some was put on the books 30 years ago). The letter you write, puts them on notice....next step is to attend one of the council meetings. Look to elevate the issue during the "public comment" section on the agenda. It is usally quite limited in time, so write out your comments and read them into the record.

    Frame the question:
    Title XXX, Section XXX, item ccc of the county/city code is an illegal and unenforceable rule under the State code XXX, Section XXX - Premption clause.

    Action it
    I am formally requesting the council to address the correction of the local code to bring it in line with state law.,

    Ask for Accountability

    When can I expect the council to take up this action?

    You really don't need to speak to your personal issues/views on the matter (avoid the debate), since it is already a matter of law...but you certainly can....

    Call the administrative assistant to the council chair and ask about the public comment period on the agenda....

    Another tack is to talk to a few of the council members (Chair included), and send them emails....ahead of when you are going to speak and seek out some support....or figure out who is going to push back......In the end you will prevail, because the local county prosecutor will review it and tell the Council they really have no choice.

    Ultimately, they can determine "no shooting" or "discharge" zones, but that's about it.

    Be prepared for the process to take 2-4 months, depending on what they are required to do by law....for legal review, Code writer revision, public comment (including a 2-4 week public notification in the papers) process, to the final implementation.

    It can be a tedious process, but one well worth doing....

    If you need help with a draft, PM me and I'd be happy to send you something to start with that we used here.

    Good luck

    Quote Originally Posted by XDSTEEL View Post
    I plan on trying to Repeal a County Firearm Ordinance in the State of South Dakota . Here is the County ordiance and the State Preemption.

    "Sec. 7
    uncased firearms and bows are prohibited in any of the Clay County Park area with the following exceptions:
    Uncased firearms and bows are permitted on designated rifle,pistol and archery ranges the year round. Discharge of any sort of firearms is prohibited anywhere in Clay County park in such designated areas.

    From October 1 to April 30, inclusive, uncased bows are authorized for Licensed hunters in Clay County park during established huntting seasons.

    A person who possesses a valid concealed pistol permit, as provided in SDCL Chapter 23-7 may carry a concealed pistol at anytime."

    State Preemption SDCL

    7-18A-36. Firearms regulation ordinances prohibited. No county may pass any ordinance that restricts possession, transportation, sale, transfer, ownership, manufacture, or repair of firearms or ammunition or their components. Any ordinances prohibited by this section are null and void.

    There is no open carry laws except where it is prohibited of course. This is restricting OCers as far as it goes here

    I am just asking you guys if I have a case for OCers in South Dakota?
    Last edited by jt59; 08-17-2010 at 10:32 AM.
    Far better it is to dare mighty things, to win glorious triumphs, even though checkered by failure, than to take rank with those poor spirits who neither enjoy much nor suffer much, because they live in the grey twilight that knows not victory nor defeat....Teddy Roosevelt

  8. #8
    Regular Member XDSTEEL's Avatar
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    Update!!

    March 7th- Recieved letter from County Commission. Stating that it will be on the agenda April 5th! they claim that they rent the land from state of South Dakota Game parks and Wildlife

    March 21- Went to Deeds and Registars office to look up land ownership. found out that Game Fish and Parks of SD own dock and campground while County owns rest of The north sections. Sent notification to Commission. ( lady ing the Aduditors office says that the county owns it?) Will find out at meeting.
    Patrick Henry didn't say "Give me safety , or give me death". Liberty is what America is about.

  9. #9
    Regular Member XDSTEEL's Avatar
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    Forgot about The women and Chidlren!

    Went to the county commission meeting today. They seemed to be more concerned about the State property than thier own Ordinance. Said my part about the ordinance being in conflict with the state preemption. State attoney rep was there and said the same thing. One commissoner guy was pretty much for changing it so it complies . Another said that the ordinance was a "happy medium"and how I should be thinking about the women and children and thier feelings. other three I do not know. Basically they need more time to think about it. Anyways that what going on if guys care.
    Patrick Henry didn't say "Give me safety , or give me death". Liberty is what America is about.

  10. #10
    Regular Member XDSTEEL's Avatar
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    I did it!

    Soo yes I got the county to adopt a new firearm ordiance! I will post the link to the article because the county will post it in the paper.
    Patrick Henry didn't say "Give me safety , or give me death". Liberty is what America is about.

  11. #11
    Regular Member zekester's Avatar
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    Great Job!
    GOD gave me rights!!!....The Constitutuion just confirms it!!

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    Whoo hoo, good job! What County?

  13. #13
    Regular Member XDSTEEL's Avatar
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    Quote Originally Posted by hogeater f6 View Post
    Whoo hoo, good job! What County?
    Clay County South Dakota
    Patrick Henry didn't say "Give me safety , or give me death". Liberty is what America is about.

  14. #14
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    Thats good to hear. I will oc when we go through/stay there this year. I usually CC. Vermillion seems like a nice pretty town.

  15. #15
    Regular Member XDSTEEL's Avatar
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    Uplaod article

    i am just going to have to scan the article. I cannot find it in the Plaintalk online. Yes Vermillion is pretty nice down here for OC. send me a Pm if you do drive through.
    Patrick Henry didn't say "Give me safety , or give me death". Liberty is what America is about.

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